Petitioner: DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Respondent: SCOTT GELLER, M.D.
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Fort Myers, Florida
Filed: Jan. 04, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 13, 2006.
Latest Update: Dec. 24, 2024
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Jan 4 2006 14:31
JAN-G4-2886 14:12 FL DEPT OF HEALTH 856 488 1855
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STATE OF FLORIDA
DEPARTMENT OF HEALTH
DEPARTMENT OF HEALTH,
PETITIONER,
v. . CASE NO. 2004-23576
SCOTT L. GELLER, M.D., ,
RESPONDENT. /
ADMINISTRATIVE COMPLAINT
COMES NOW, Petitioner, Department of Health, by and through its
undersigned counsel, and files this Administrative Complaint before ‘the
Board of Medicine against the Respondent, Scott L. Geller, M.D., and in
support thereof alleges:
1. Petitioner is the state department charged with regulating the
practice of medicine pursuant to Section 20.43, Florida Statutes; Chapter
456, Florida Statutes; and Chapter 458, Florida Statutes.
2. Respondent's address of record is 29 Barkley Circle, Fort Myers,
Florida 33907.
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3. At all times material to this Complaint, Respondent was a
licensed physician within the State of Florida, having been issued license
number 35800 on December 18, 1979.
4. | Respondent is board certified in Ophthalmology.
5. Onor about December 15, 2003, Patient N.C., a then seventy-
two (72) year old female, presented to Respondent with complaints of
floaters in her left eye with obscured vision for three years. Respondent
diagnosed Patient N.C. with posterior vitreous separation and
recommended YAG laser to disrupt the floaters.
6. On or about January 6, 2004, January 8, 2004, January 20,
2004, and March 2, 2004, Respondent performed a YAG laser procedure on
Patient N.CJs left eye in an attempt to break up the floaters and thereby
improve Patient N.C’s vision. The procedures performed by Respondent
caused Patient N.C.’s larger floaters to break up into more numerous but
smaller floaters.
7. Patient N.C. had signed one or more consent forms on the
aforementioned dates when Respondent performed the YAG laser
procedure. However, the consent form does not state that there was a risk
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the floaters could breakup and increase in number as a result of the YAG
laser procedure.
8. The standard ophthalmologic treatment for floaters is generally
confined to conservative observation. The YAG laser procedure is not
generally approved as a treatment for floaters by reasonably prudent
similar ophthalmology physicians. Even retina specialists would not utilize a
YAG laser to treat floaters. |
9. The risk of increased floaters as a result of the YAG taser
procedure was not adequately explained to Patient N.C. prior to the
procedures and was not listed on the consent forms signed by Patient N.C.
10. Section 458.331(1)(t), Florida Statutes (2003), provides that
failing to practice medicine with that level of care, skill, and treatment
which is recognized by a reasonably prudent similar physician as being
acceptable uncer similar conditions and circumstances constitutes grounds
for disciplinary action by the Board of Medicine.
11. Respondent failed to practice medicine with that level of care,
skill, and treatment which is recognized by a reasonably prudent similar
physician as being acceptable under similar conditions and circumstances,
in one or more of the following ways: a) by performing laser procedures to
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JAN-G4-2686 14°15 FL DEPT OF HEALTH fan 2008 ‘aso 48 1855 P.@6
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eliminate floaters on Patient N.C. instead of confining his treatment to
conservative observation; b) by using the YAG laser procedure that is not
generally used or approved by similar ophthalmology physicians to treat
floaters; c) by failing to adequately inform Patient N.C. of the risks of the
laser procedure; d) by failing to include the risk of increased floaters on the
consent form.
12. Based on the foregoing, Respondent has violated Section
458.331(1\(t), Florida Statutes, by failing to practice medicine with that
level of care, skill, and treatment which is recognized by a reasonably
prudent similar physician as being acceptable under similar conditions and
circumstances,
WHEREFORE, the Petitioner respectfully requests that the Board of
Medicine enter an order imposing one or more of the following penalties:
permanent revocation or suspension of Respondent's license, restriction of
practice, imposition of an administrative fine, issuance of a reprimand,
placement of the Respondent on probation, corrective action, refund of
fees billed or collected, remedial education and/or any other relief that the
Board deems appropriate.
TABI A idadivall bepinge T anil AMV olla an aaa
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SIGNED this 937 day of Jue 2005.
John ©. Agwunobi, M.D., M.B.A.
A
a ' 4
Fo (dy: Irving Levine
Assistant General Counsel
FILED
DEPARTMENT OF HEALTH DOH-Prosecution Services Unit
EPUTY CLERK 4052 Bald Cypress Way-Bin C-65
CLERK Nocti Colman Tallahassee, Florida 32399-3265
DATE__ (9 ~ ZF - OS Florida Bar # 0822957
(850) 414-8126
(850) 414-1989 fax
Reviewed and approved by: cry (initials) 5 [3 [o>” (date)
PCP: ame 24, 2005
PCP Members: gi-gahri, Ondra, Dyches
Scott Geller, M..D. DOH Case: 2004-23576
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om, a
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Section 120.569 and 120.57,
Florida Statutes, to be represented by counsel or other qualified
representative, to present evidence and argument, to call and
cross-examine witnesses and to have subpoena and subpoena
duces tecum issued on his or her behalf if a hearing is requested.
NOTICE REGARDING ASSESSMENT OF COSTS
_ Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this matter.
Pursuant to Section 456.072(4), Florida Statutes, the Board shall
assess costs related to the investigation and prosecution of a
disciplinary matter, which may include attorney hours and costs,
on the Respondent in addition to any other discipline imposed.
Scott Geller, M..D. OOH Case: 2004-23576
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Docket for Case No: 06-000020PL
Issue Date |
Proceedings |
Apr. 13, 2006 |
Order Closing File. CASE CLOSED.
|
Apr. 13, 2006 |
Motion to Relinquish Jurisdiction filed.
|
Mar. 06, 2006 |
Amended Notice of Taking Deposition Duces Tecum filed.
|
Feb. 28, 2006 |
Notice of Taking Deposition Duces Tecum filed.
|
Feb. 24, 2006 |
Notice of Filing; Sworn Answers to the Interrogatories filed.
|
Feb. 13, 2006 |
Respondent`s Responses to Petitioner`s First Request for Production of Documents filed.
|
Feb. 09, 2006 |
Notice of Serving Petitioner`s Response to Respondent`s First Request for Interrogatories and Production of Documents filed.
|
Feb. 03, 2006 |
Notice of Serving Unverified Answers to Petitioner`s First Set of Interrogatories filed.
|
Feb. 02, 2006 |
Respondent`s Response to Petitioner`s First Request for Admissions filed.
|
Jan. 25, 2006 |
Order of Pre-hearing Instructions.
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Jan. 25, 2006 |
Notice of Hearing (hearing set for April 25 and 26, 2006; 9:00 a.m.; Fort Myers, FL).
|
Jan. 13, 2006 |
Respondent`s Response to Initial Order filed.
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Jan. 10, 2006 |
Notice of First Set of Interrogatories to Petitioner filed.
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Jan. 10, 2006 |
Request for Production filed.
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Jan. 10, 2006 |
Notice of Filing; Respondent`s Interrogatories and Request for Production filed.
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Jan. 06, 2006 |
Petitioner`s Response to Initial Order filed.
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Jan. 05, 2006 |
Initial Order.
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Jan. 05, 2006 |
Notice of Serving Petitioner`s First Request for Discovery filed.
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Jan. 04, 2006 |
Notice of Appearance (filed by I. Levine).
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Jan. 04, 2006 |
Petition for Hearing filed.
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Jan. 04, 2006 |
Administrative Complaint filed.
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Jan. 04, 2006 |
Agency referral filed.
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